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Ohio Guardianship Current Assets
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FAQ
A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.
Your guardian has to visit you. Under the new rules, your guardian has to meet with you in person at least one time before being appointed as your guardian. After the probate court appoints someone as your guardian, the guardian has to meet with you in person at least four times each year.
[Supplementing Sup R 66] (A) Guardianships of Adults. All applications for the appointment of a guardian on the grounds of mental incompetency shall be accompanied by either a statement of a physician or clinical psychologist or a statement that the prospective ward has refused to submit to an examination.
There are four basic types of guardianships in Ohio: guardianship of the person, guardianship of the estate, limited guardianship, and emergency guardianship. Guardianship of the person: The guardian of the person is responsible for the ward's physical, moral, and mental well-being.
The guardianship will be terminated upon the death of a ward, upon the ward being restored to competency or in the case of a minor, upon attaining the age of 18. An Adult ward may file a motion to evaluate the continued necessity of the guardianship 120 days after the appointment and once a year thereafter.
The guardian of the person and estate, or of the estate only, may sell all or any part of the personal property of the ward if the sale is for the interest of the ward.
The guardianship process for an Ohio resident is started by filing an application in the Probate Court of the county where the proposed ward resides. Unless certain conditions have been met, the proposed ward must have been a resident of Ohio for six months prior to the filing of the application.
The application must recite the facts necessitating an adult guardianship and be accompanied by a statement from a physician, psychiatrist or licensed psychologist attesting to the ward's mental and physical condition. Another assessment of the proposed ward will be performed by the court's investigator.
